(a) The following requirements shall apply to all wireless telecommunications facilities, regardless of the zoning district in which they are to be located:
(1) A security fence eight feet in height with barbed wire around the top shall completely surround the tower, equipment building and any guy wires. No security fence shall be required for rooftop structures. The appearance of any rooftop structure shall be consistent with the appearance of the existing building.
(2) Buffer plantings shall be located around the perimeter of the security fence as follows:
A. An evergreen screen shall be planted that consists of either a hedge planted a maximum of three feet on center or a row of evergreen trees planted a maximum of five feet on center.
B. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(3) An antenna may not be located on or adjacent to a building or structure that is listed on a historic register or is in a historic district.
(4) The tower shall be painted a non-contrasting gray or similar color minimizing its visibility unless otherwise required by the Federal Communications Commission or the Federal Aviation Administration.
(5) No advertising is permitted anywhere on the facility.
(6) The tower shall not be artificially lighted except to assure safety as required by the Federal Aviation Administration.
(7) "No Trespassing" signs shall be posted around the facility with an emergency telephone number of whom to contact in the event of an emergency.
(8) A permanent easement to the tower site must be provided thereby maintaining access regardless of other developments that may take place on the site.
(9) The facility shall meet radio frequency emissions standards as established by the Federal Communications Commission.
(10) Antennas may be added from time to time to a wireless telecommunications tower in such number, and of such type, as are contemplated by the conditional use permit first issued for a wireless telecommunications facility, without the need for subsequent approval of such additional antennas; provided that a separate conditional use permit, or modification to the existing permit, shall be required for any additional wireless telecommunications equipment building that is proposed to be constructed.
(11) Applicant or the property owner responsible for upkeep of the property shall commence construction of a wireless telecommunications facility within 180 days of issuance of a conditional use permit and shall complete construction within six months or the conditional use permit shall expire.
(12) As a further condition of issuance of a conditional use permit, the Zoning Inspector shall require the applicant and the property owner to certify that if construction is not commenced within 180 days, or completed within six months, that the site will be available for another wireless telecommunications facility.
(13) All electrical work not considered low voltage shall be performed by an electrical contractor licensed by the City.
(b) In addition to all other requirements contained in this chapter, where a wireless telecommunications facility is to be constructed either as a sole use on a lot or in combination with other uses or existing structures, the following requirements shall be met:
(1) Sole use on a lot. Wireless telecommunications facilities to be located as a sole use on a lot shall be subject to the following:
A. Minimum area, frontage and yard requirements shall comply with such requirements as are specified in the chapter concerning the specific zoning district.
B. Minimum yard requirements.
1. Tower: the minimum distance to nearby structures shall be equal to the height of the tower; the minimum distance to a school/day care center/public park/residential lot line shall be 300 feet.
2. Equipment building: the minimum distance to nearby structures shall comply with such requirements as are specified in the chapter concerning the specific zoning district.
C. Maximum height.
1. Tower: the maximum height shall be 200 feet (including antenna).
2. Equipment building: the maximum height shall comply with such requirements as are specified in the chapter concerning the specific zoning district.
D. Maximum size of equipment building: 750 square feet (cumulative total), or the maximum square footage allowable for an "accessory" structure, whichever is the more stringent standard. If there are multiple users, then equipment must be sheltered in a single building unless applicant can show a technical necessity for a separate building, in which case multiple buildings must be designed to have the appearance of one building.
(2) Combined with another use. Wireless telecommunications facilities need not be located upon property affiliated with the wireless telecommunications provider. However, wireless telecommunications facilities located upon property with an already existing permitted use, lawful nonconforming use or upon a vacant parcel shall be subject to the following:
A. Minimum area, frontage and yard requirements shall comply with such requirements as are specified in the chapter concerning the specific zoning district.
B. The wireless telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.
C. The minimum lot area shall be the area needed to accommodate the tower (and guy wires, if used), the equipment building, security fence and buffer planting. If the title to the land on which the wireless telecommunications facility is located is conveyed to the owner, the land remaining with the principal lot shall continue to comply with the minimum lot area for the district.
D. Minimum yard requirements.
1. Tower: the minimum distance to nearby structures shall be equal to the height of the tower; the minimum distance to school/day care center/public park/residential lot line shall be 300 feet.
2. Equipment building: the minimum distance to nearby structures shall comply with the minimum setback requirements for the primary lot.
E. Maximum height.
1. Tower: shall be 200 feet (including antenna).
2. Equipment building: the maximum height shall comply with such requirements as are specified in the chapter concerning the specific zoning district.
F. Maximum size of equipment building: 750 square feet (cumulative total), or the maximum square footage allowable for an "accessory" structure, whichever is the more stringent standard. If there are multiple users, then equipment must be sheltered in a single building unless applicant can show a technical necessity for a separate building, in which case, multiple buildings must be designed to have the appearance of one building.
G. Vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.
(3) Location of antennas on an existing structure. In the event that any wireless telecommunications facilities are to be located on or attached to an existing structure or building, the facilities shall be subject to the following:
A. Maximum height shall be forty feet or twenty percent (20%) of the building height above the existing building or structure, whichever is greater. Any such structure shall be set back from the vertical plan of the permitted building line one foot horizontally for each two feet of extra height.
B. If the applicant proposes to locate the telecommunications equipment in a separate building, the building shall comply with the following:
1. The minimum setback requirements for the specific zoning district.
2. An eight-foot-high security fence with barbed wire on top shall surround the building.
4. Vehicular access to the building shall not interfere with the parking or vehicular circulation for the site's principal use.
C. Elevations of existing and proposed structures showing width, depth, and height of the telecommunications facility and the statistical use data on the antenna and support structure shall be presented. (Ord. 147-2018. Passed 7-2-18.)
(a) All providers and/or persons responsible for the upkeep of property utilizing towers shall notify the Zoning Inspector in writing of any tower facility located in the Municipality whose use will be discontinued and the date upon which such use will cease.
(b) All providers and/or persons responsible for the upkeep of property shall agree to remove a nonfunctioning wireless telecommunications facility within ninety days of ceasing its use. The owner/operator of the antenna and/or tower or person responsible for upkeep of the property shall on no less than an annual basis from the date of issuance of the conditional use zoning permit, file a declaration with the Zoning Inspector as to the continuing operation of the facility which is the subject of this chapter.
(c) The owner/operator of the antenna and/or tower or the person responsible for the upkeep of the property shall be required, as a condition of issuance of the conditional use zoning permit, to post a cash or surety bond acceptable to the Canton Law Department of not less than one hundred dollars ($100.00) per vertical foot from natural grade of the wireless telecommunications tower which bond shall insure than an abandoned, obsolete or destroyed wireless telecommunications antenna or tower shall be removed within six months of cessation of use and abandonment. In the event of collocation and where one or more providers cease use of the tower or antenna, the remaining provider or providers shall assume responsibility for payment of the bond. In any event, the wireless telecommunications provider or providers shall have primary responsibility for removal of a tower and/or antenna where such is abandoned, obsolete or destroyed. (Ord. 147-2018. Passed 7-2-18.)